A new chapter in the legal conflict between Axanar’s Alec Peters and former director Robert Meyer Burnett

A litigation hold has been served by Robert Meyer Burnett’s attorney, Torin Dorros, in an email sent to AxaMonitor editor Carlos Pedraza and Fan Film Factor blogger and Axanar surrogate Jonathan Lane. The notice is common in civil lawsuits and signals the former Axanar director is getting closer to countersuing Alec Peters.

• Retain all Axanar information The letter notifies AxaMonitor and Lane to retain “all documents, materials, [electronically stored information], information, and things related to the Georgia Action Peters v. Burnett], any Burnett-Axanar litigation, Axanar, and/or Burnett.”
• Shot across the bow: The letter is the second shot across the bow to Peters and his associate, Lane, that Burnett may take legal action against Peters. We reported on March 4 a similar letter was sent by Dorros to Peters’ attorney, who has never responded.
• Leaked information: Dorros’ letter notes that his correspondence with Peters’ attorney “have unfortunately been publicly disclosed. We can assure that we are looking into this issue, however the disclosure … was not by Dorros Law or Burnett.

What kind of information might Dorros be seeking should Burnett countersue Peters?

• “Facts, statements and/or allegations” are what Dorros is looking for that have been referenced in AxaMonitor and Fan Film Factor, particularly regarding Peters’ suit and any possible claims Burnett may have against Peters.
• Defamation: Dorros definitely wants information regarding Peters’ “conduct and statements toward Mr. Burnett,” which Dorros has twice decried as defamatory.

Not targets: Dorros assures AxaMonitor and Fan Film Factor they are not intended as targets of litigation themselves but may hold information Dorros seeks to ensure is not “lost, altered, deleted, or destroyed.” Doing so could subject Pedraza and Lane to civil and criminal penalties.

• A caveat for Lane: Though not currently a target, Lane’s relationship with Peters may come under scrutiny by Dorros:

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“We do recognize however that there is some question as to the relationship, or extent of the relationship, between Mr. Lane and/or Fan Film Factor and Axanar.”

Topics of interest: The litigation hold specifies a broad list of topics that could come into play should Burnett countersue Peters, including:

• Peters’ current suit against. Burnett; financing and production of Axanar; Axanar Productions’ employment practices; the personal and business relationship between Peters and Burnett; Axanar’s and Peters’ business operations, finances, taxes and corporate structure; Peters’ business relationship with others in the entertainment and props industries; financing of Axanar and its donors; the CBS/Paramount lawsuit; commercialization of Axanar; fundraising on Kickstarter, Indiegogo, Patreon, YouTube, Facebook, Instagram, or other platforms; Pedraza’s and Lane’s own relationship with Alec Peters, and other conduct or prior correspondences between the parties and/or their counsel.

Lane and Pedraza respond: Lane gave AxaMonitor a statement (excerpted below). His full statement will be published in a follow-up article on AxaMonitor.com.

• ‘A non-story’: Lane says, “I’ve been advised to stay out of this matter and say nothing publicly, and so I have been. You’ll find that this lawsuit between Alec and Rob has been a non-story on Fan Film Factor. and will remain so.”
• Keeping information: Lane adds, “As for the litigation hold, there seems to be no reason for me not to retain all correspondences I’ve had with both Alec and Rob…as I seldom delete anything anyway.” He also notes such letters to third parties are common practice in such litigation.
• As for AxaMonitor, Pedraza notes state and federal laws provide legal protection against efforts to reveal the identity of confidential sources and from having to disclose unpublished information collected in the course of news-gathering.
• ‘In the public interest’: “Everything I publish is in the public interest. Anything I don’t is work product legally protected in the interest of continued unfettered news reporting,” Pedraza says.

Why it matters: Despite Burnett having been served in California weeks ago, Peters has not yet filed the required proof of service with the Georgia court, effectively stalling his suit.

• Frustration: Burnett appears to be frustrated by the financial drain even pending litigation imposes on him, and appears inclined to retaliate. As the above list of topics demonstrates, his long and wide-ranging relationship with Peters could expose hidden information about Axanar to the light of day. Stay tuned.